WHO CUT OFF THE COW'S TAIL?

Patea Mail, Volume VIII, Issue 1049, 20 June 1883, Page 2

WHO CUT OFF THE COW'S TAIL?

This formed the subject of enquiry at the R.M. Court yesterday morning, and, to solve the raysteiy, the services of a Resident Magistrate, learned counsel, and full-blown sergeant of police were called into requisition. The charge was that Felix O’Sullivan McCarthj' cut the tail off a cow belonging to Frederick Sparkes ; but, as defendant denied this it was found necessary to take evidence, and Sergeant Donovan called Frederick Charles Sparkes, the plaintiff, who staled : I am a painter and reside in Patea. I have got some horses and cattle and I keep a boy herding them. On Friday last I was out in the country ;

when I came home Mrs-Sparkes told mo a cow had its tail partly cut off. I went-to seethe cow and found :part of the tail completely cut off and the stump bleeding very- much.-There were about three joints cut offi-; I saw the cow on the following morning and .found the tail was bleeding worse. " The cow appeared to be in pain, and the tail was quite stiff. The cutting of its tail depreciates-the cow’s value,by about £2. AH witnesses in this case were here

ordered out of court. Cross-examined : I have had the cow about nine months. I bought her together with another, and .gavp £8 10s for, .both. The cow that' has Tost its tail is heavy in calf. vNo one beside- my wife aridsMr Jacomb, the poundkeepeiv Has made any statement to me about the cow. -Mr McCarthy was not, present when my wife made the statement to mo accusing him of cutting the bow’s tail off. Mr McCarthy has never spoken to mo on the subject. Edith Sparkes : I am the wife of the last witness. I recollect PridayTast. My; boy was then herding the cattle. Tim boy’s name is Leslie Charles. On the day in question I sent him to take the cattle to Smith’s run. A boy, named Patterson, I believe, soon after came to my house on horseback, and told me Mr McCarthy,jyas taking the cattle to the pound. T-ran out and down the road, and saw Mr McCarthy driving the cattle furiously. This was at; the Coach Factory. The Cattle here broke away from him and ran toward the hospital. I begged Mr McCarthy to let the cattle go, as I had no money ,_to get- them out of the pound, hut he wouldn’t. I still followed him. The cows then ran into the paddock in front of the hospital. When I got into this paddock the cows were not all together. One of the cows ran into a hollow. . Mr McCarthy picked up a piece of hoop-iron, arid struck this cow on the tail and back several times. The cow \v as heavy in calf, and could not go as fast as tne other ones. After he struck the tail 1 noticed it was hanging on by the skin or hair and bleeding. When he struck the cow I was within a few yards of him. The boy Charles was with me at the time, and saw all that occurred. From where it happened I could not see any portion of the hospital. I followed Mr McCarthy till he met with Mr Jacomb, the poundkeeper, near the Wesleyan Parsonage. I did not care to go any further, as I had no hat and the place was becoming I then got money loTake the cattle Tout of the pound, I' drew Mr Jacomb, the poundkeeper’s attention to the state of the cow. He said “it is cruel to handle a cow like that.” The piece of tail was off altogether then. Mr Jacomb helped me homewards with the cattle as far as the Coach Factory. When I got home I reported the matter to the police. The following day the poundkeeper saw me and said Mr McCarthy would square the matter up sooner than let it go to , Court. The cow was heavy in calf, and quite tame. -

By the Court: The piece of hoop iron the cow was struck with was about two feet long. Cross-examined : The piece of iron was bent and part of a hoop. When Mr McCarthy struck the cow I was only about 10ft off. He held the hoop iron in one hand and struck the cow 3 or 4 times. He struck her on the back and once on the tail. He struck her more violently on the tail than on the back. 1 went next morning to look for the hoop iron but I could the police this TnoYfimg" l>ut stifl” T* c'oufcl not find the hoop iron. When Mr McCarthy went to the pound he had not a flax whip. I have not told the boy Leslie Charles what to say. I had a conversation with Mr Jacomb after the cow had gone to the pound but I said nothing to him about her being hurt. I have been into the pound since the cattle were taken out. Constable Crozier was with me. We went to look for the cow’s tail. We looked carefully for the fail but we did not find it. The cow while in the pound was in the pen to the left ; side of the gate. So far as I know the piece of the tail was still hanging on when the cow went to the pound. I did not notice if there .were any quantities of blood about, the pound was in such a dirty state. While the cows were being driven to the pounds I did not get ahead of them, throw up my arms, fad make a great noise to try to drive them back. I did not hear Mr McCarthy tell a person to run and bring Sergeant Donovan to take me in charge for endeavouring to rescue the cattle. The iron;Mr McCarthy struck the cow with was an old piece of rusty iron. I should know it again. By the Court : I am quite certain that the piece of tail was hanging on when defendant was taking the cow to the pound after he struck,her. . Leslie Charles: I am nine years old. I recollect minding cattle last Friday. I was taking them to Smith’s run, when they ran into Mr McCarthy’s paddock through the gaps. I saw Mr McCarthy there. He took the cattle away from me to impound them. I went to tell Mrs Sparkes and met her near McCain’s gate. She

came down and asked Mr McCarthy to let the cattle go, but he said he would not. The cows then ran into the school paddock and one of the remained in a hollow there. The defendant took up an iron hoop and struck her, saying he would cut her in pieces if she would not go faster. By the Court : The piece of iron the cow was struck with was a rusty piece of hoop. Ido not know how long it was. Examination continued : When Mrs Sparkes brought the cow home the tail was bleeding. After Mr McCarthy struck the cow I saw the tail hanging on by a piece of skin. Cross-examined : Defendant hit the cow

two or three times ; I was in the hollow

whore lie struck the cow at the time. 1 did not co down to the pound with the cows. I was driving the cows to Smith’s run when they ran into McCarthy’s place ; I was running after them when Mr McCarthy came ; I gave him a flax whip. Ho had'(he whip when he was near the school, but ho dropped it when he picked up the hoop iron ; I did not see the whip with him agrain. That (produced) ia the whip. I have not noticed any more cuts on the cow besides the one on the tail ; I know Mr Lett, I have not spoken to him about this matter. Ke-examined : I was told that Mr McCarthy’s boy picked up the whip ; I recollect the boy leading a horse past the school at the time.

Constable Crozier, stated ; On Friday evening about half-past four o’clock Mrs Sparkes made a complaint to me about defendant cutting the tail off a valuable heifer of hers with a piece of hoop iron. She showed me the cow. The tail was bleeding at the time ; I examined the tsiil . The cow was suffering a great deal, and bleeding considerably. I went to the pound the next morning and inspected it. I saw blood on the fence in several places. Mr Jacomb showed me a quantity of hair he said he had picked up in.the pound; there was a little blood on it. The cow is a well bred one, and is in calf. Cross-examined 1 received the information about half-past four. Mrs Sparkes

hadmot the-cow with her at that time. There was a good deal of blood on the pound fence. I could not tell with what sort of an instrument the tail had been cut off. A blow from one side would sever a tail. Re-examined: It would be impossible to see a person in the hollow in question from the hospital. : > ■ By Mr Hamerton : Mr McCarthy Mid not ask me at his house to look for the iron. He asked mo in the forenoon of the next day. This was the case for the plaintiff. Mr Hamerton, in opening the defence, said his case was a direct contradiction to the prosecution. He called William ; -Browh) who;stated : I am an inmate of the hospital. I know the defendant. Last Friday T saw him hear the hospital hunting , some cows. I also saw : Mrs-Sparkes but no one else. This was in the paddock in front of the hospital. Mrs Sparkes was about , two, or three chains away from defendant ; I did not see them come together ; I did not lose sight of either of the parties while they were in the paddock in question. I did not see defendant strike the cow ; I did not see him pick up any hoop-iron, nor did I see him stoop at all. At this time I was sitting beside the hospital smoking ; I am under subpoena. lam sure I have not spoken, to any one about what lam saying now. ; Cross-examined * Mr McCarthy subpoenaed me ; I did not tell anyone anything; regarding this matter. I did not see any boy with Mrs Sparkes. . R, Baldwin gave evidence as to the manner in which the ’<■ last- witness came to be subpoenaed. Eugene McCarthy : I am the son of Mr Felix McCarthy. 1 recollect some cows being taken by my father to the pound last Friday. The cows were in mjv father’s paddock. My father was with them. I saw the cows run into the hospital paddock. Mrs Sparkes tried to turn them back. Leslie Charles came into the paddock, but he immediately went out again, and I did not see him come back. I then went to Sergeant Donovan’s to tell him that Mrs Sparkes was trying to rescue the cattle, but the Sergeant was not in. I did not fsee my*father strike the cattle. Mr Jacomb never made any remark in my presence, to the effect that anything was wrong with the cattle. Felix O’Sullivan McCarthy the defendant said : I am a licensed victualler living in the Whenuakura district. I have some property in the Patea Borough, in Yictoriastreet. On Friday last I saw some cows on this property. I; then drove the cows with the intention of taking them to the pound, as far as the Coach Factory, when they ran down past Sergt Donovan’s. Mrs Sparkes tried to drive them back. In the school paddock 1 was some distance offi the cows, and I did hot have a piece of hoop iron in my hand. I had a flax whip which I got from the,boy Leslie Charles. I met Mr Jacomb and his boy near the Wesleyan Parsonage, and I left the cattle in their charge. There was no complaint made to •me at that time about the cows. I used no instrument that would injure the cows. James Lett: I am a storekeeper residing in Patea. I know the boy Leslie Charles, I saw him yesterday and this morning. Yesterday morning in answer to questions put to him by me, he said he did not know who cut the cow’s tail off. Yesterday afternoon, together with Mr McCarthy, I further questioned the boy, and he still said he knew nothing whatever about the matter. I have had brought to my house a portion of a cow’s tail. I produce it. James Lett, Junr. : I am the son of the last witness. I found the tail produced in ——“ [.ifi... u. ...I V,... -vr. JlllHi |„| I* right hand side of the gate. The tail had no blood on when I found it. I found the tail when I went to look for a cow in the pound, and I handed it to my father. Janies Lett, recalled ; From the appearances of the tail I should think it had been cut off with a sharp knife. I would not think a rusty piece of hoop iron would do it. The Court at this stage, adjourned for an hour, and on resuming Rupert Jacomb, poundkeeper, gave evidence as to the impounding of the cattle ; also, that the tail was not off the animal when it was impounded. His Worship in , giving judgment said it was utterly impossible to reconcile the statements of the plaintiff and the defendant. It appeared to him improbable that even if the tail was struck by the hoop iron it would dropoff; besides Mr Jacomb swore that the tail was not injured when'the animal came into the pound. The information would therefore be dismissed.